Butte County Municipal Code Art. IV Emergency Interim Housing Inside the North Complex Fire Area

Over two thousand two hundred forty-eight (2,248) structures were destroyed or damaged, of which one thousand four hundred fifty-seven (1,457) are residential, by the North Complex Fire in Berry Creek, Brush Creek, Feather Falls, and surrounding unincorporated areas. This disaster has created an additional need for housing that follows on the overwhelming need for housing that was created by the November 8, 2018 Camp Fire in Paradise which created a need for housing on a scale that could not be accommodated through the existing available housing in Butte County. The need for housing from the Camp Fire has not been satisfied, and Butte County now faces the additional need for housing from the North Complex Fire. To meet the immediate need for housing, Butte County relaxed some building and zoning regulations in a prior article to allow for additional temporary housing outside of the North Complex Fire affected area. However, this additional temporary housing may not be sufficient to meet the large and immediate need. This article relaxes some building and zoning regulations to allow for additional temporary housing inside of the North Complex Fire affected area. While public safety hazards are being mitigated, persons moving back to the area do so at their own risk and should make themselves aware of potential public safety hazards, including, but not limited to, falling trees or telephone poles adjacent to the roadways, damaged or unsafe roadways and bridges, and potable water issues. The article allows persons to place temporary housing on a property once fire debris and hazardous materials has been removed. The purpose of this article is to develop reasonable standards that allow persons to move back into the North Complex Fire affected area, provide interim shelter for Butte County residents on private property during the rebuilding process.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 9, 10-10-23)

It is prohibited for any individual, including a displaced person, to reside on any property that contains fire debris and hazardous materials until the property has been certified clean by the Department of Public Health, Environmental Health Division. This article shall be administered under the direction of the Board of Supervisors, by and through the Director and other departments specified herein.

(Ord. No. 4188, § 3, 9-29-20)

A. The provisions in this article shall remain in effect until June 30, 2025, unless otherwise specified herein, subject to extension or modification by the Board of Supervisors.

B. Except as otherwise provided herein, no residential recreational vehicle use or interim housing authorized pursuant to this article shall be used for permanent housing after the expiration date of this article.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 10, 10-10-23)

Except where the context clearly indicates otherwise, the following definitions shall govern the construction of the words and phrases used in the article:

"Cargo Storage Container." A single metal box made of steel or other similar material, or a shed, which is designed for securing and protecting items for temporary storage, not exceeding three hundred twenty (320) square feet in size, without utilities, and not used for human habitation.

"Director." The Director of the Department of Development Services or his or her authorized representative.

"Displaced Person(s)." A county resident or residents whose residential dwelling has been destroyed or damaged by the North Complex Fire, such that the resident(s) cannot occupy the dwelling. Displaced Person(s) may be required to provide verification to the county to substantiate their eligibility for uses, permits and/or approvals described in this article. Evidence may consist of verification by Federal Emergency Management Agency (FEMA) registration or damage assessment, and/or a driver's license or other government-issued identification card or utility bill, etc., with a physical address showing the resident resided on a property impacted by the North Complex Fire, as determined by the county. Such determination may be made by the Director or other county personnel.

"Effective Date." The date of the Board of Supervisors adoption of this article.

"Fire Debris" and "Hazardous Materials." Debris, ash, metals, and completely or partially incinerated substances from qualifying structures.

"Mobile/manufactured home:" A housing structure transportable in one (1) or more sections, designed and equipped to be used with or without a foundation system, certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401 et seq.). The County shall not grant a permit for the installation of a mobile/manufactured home if such mobile/manufactured home is older than ten (10) years of age. The age measurement period shall be from the year of manufacture of the home to the year of the permit application. Mobile/manufactured home does not include recreational vehicle, park trailer, or commercial modular as defined in Division 13, Part 2, Chapter 1, of the Health and Safety Code.

"Movable Tiny House." A movable tiny house is a structure utilized as living quarters by one (1) household that is licensed by and registered with the California Department of Motor Vehicles, meets the American National Standards Institute (ANSI) 119.5 or ANSI 119.2 (NFPA 1192) requirements and is certified by a qualified third party inspector for ANSI compliance, cannot move under its own power, is not longer than allowed by State law for movement on public highways, has a total floor area of not less than one hundred fifty (150) square feet, and has no more than four hundred thirty (430) square feet of habitable living space.

"North Complex Fire." The North Complex Fire derived from lightning strikes in Plumas County on August 17, 2020. The strikes caused several fires, including the Bear Fire and the Claremont Fire, which merged to form the North Complex Fire. On September 8, 2020, the fire spread rapidly into Butte County. As of this date, fifteen (15) individuals in Butte County have died due to the fire, over two thousand one hundred thirty-nine (2,139) structures have been destroyed or damaged, of which one thousand three hundred eighty-eight (1,388) are residential, and approximately twenty thousand individuals (20,000) have been evacuated from the fire area. CAL FIRE maintains a map showing the boundaries of the North Complex Fire. The fire affected the communities of Berry Creek, Brush Creek, and Feather Falls, as well as additional rural areas.

"Qualifying Structure." A structure of one hundred twenty (120) square feet and over.

"Recreational Vehicle." A motor home, travel trailer, truck camper or camping trailer that is: (1) self-contained with potable water and sewage tanks and designed for human habitation for recreational or emergency occupancy; (2) self-propelled, truck-mounted, or permanently towable on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle, or a similar vehicle or structure as determined by the Director.

"Recreational Vehicle Park." A commercial use providing space for the accommodation of more than two (2) recreational vehicles for recreational or emergency housing for displaced persons, or for transient employee lodging.

"Temporary Dwelling." A temporary dwelling that meets the water, sewage disposal, and electricity hook-up standards and includes a recreational vehicle, mobile/manufactured home, or movable tiny house.

"Transitory Period." The period of time after the North Complex Fire event during which recreational vehicles do not need to meet the water, sewage disposal, and electricity hook-up standards. The transitory period ends on June 30, 2024.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4195, § 5, 1-12-21; Ord. No. 4231, § 11, 10-10-23)

Residential use and occupancy of up to two (2) recreational vehicles on any property that permits a residential use and that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division shall be allowed for the transitory period subject to the applicable requirements set forth under Section 54-57, Standards. Use after the transitory period shall require compliance with Section 54-57, Standards, a temporary administrative permit, and full hook-ups to water, sewage disposal, and electricity.

(Ord. No. 4188, § 3, 9-29-20)

Residential use and occupancy of up to two (2) temporary dwellings utilizing hook-ups for water, sewage disposal, and electricity on any property that permits a residential use and that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division shall be allowed during the effective period of this article subject to a temporary administrative permit, and subject to the applicable requirements set forth in Section 54-57, Standards.

(Ord. No. 4188, § 3, 9-29-20)

The use of cargo storage containers during the term of this article shall be allowed, subject to the applicable requirements set forth under Section 54-57, Standards.

(Ord. No. 4188, § 3, 9-29-20)

After the transitory period, all residential use of recreational vehicles, and, at all times, all residential use of temporary dwellings and storage use of cargo storage containers shall meet the following standards.

A. At all times, the property owner or the property owner's authorized agent shall obtain all county permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases.

B. At all times, residential use of recreational vehicles and temporary dwellings is limited to vehicles and dwellings not on a permanent foundation and used to house persons displaced by the North Complex Fire during the effective period set forth in Section 54-52.

C. Use of temporary dwellings is contingent on proof of a damaged or destroyed residence as verified by the Director based on prior final building permit or Assessor's records, or other documentation satisfactory to the Director.

D. At all times, recreational vehicles, temporary dwellings, and cargo storage containers shall be located outside the boundaries of any setbacks established by Chapter 24, unless the applicant can establish to the satisfaction of the Director that there is no other available location outside of the setback area, as well as located outside of recorded easements, roads, driveways, designated flood hazard locations, or areas prone to landslide or debris flow.

E. At all times, use of a cargo storage container shall be for storage of personal and household belongings only.

F. For water hook-ups, the recreational vehicle or temporary dwelling shall be connected to an approved source of water meeting one (1) of the following criteria:

1. Public water supply;

2. Existing well provided that it has been approved by the Department of Public Health, Environmental Health Division as safe for domestic consumption; or

3. Other water source approved by the Department of Public Health, Environmental Health Division.

G. For sewage disposal hook-ups, the recreational vehicle or temporary dwelling shall be connected to an approved sewage disposal system meeting one (1) of the following criteria:

1. Public sewer system;

2. A new or existing on-site sewage disposal system that has been approved by the Department of Public Health, Environmental Health Director to be intact, adequately sized, and functioning correctly;

3. Temporary holding tank with a contract with a pumping company for regular pumping. A copy of the contract shall be provided to the Department of Public Health, Environmental Health Division; or

4. Other method of sewage disposal approved by the Department of Public Health, Environmental Health Division.

H. For electricity hook-ups, the recreational vehicle or temporary dwelling shall be connected to an approved source of electricity meeting one (1) of the following criteria:

1. Permitted electrical service hook-up; or

2. Other power source approved by the Director.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 12, 10-10-23)

The establishment of temporary recreational vehicle parks without requiring hook-ups to water, sewage disposal, and electricity on any property that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division in Commercial, Industrial, FR (Foothill Residential), RR (Rural Residential), PD (Planned Development), P (Public), and RBP (Research and Business Park) zoning districts, and in the parking lots of religious and community facilities, and in AG (Agriculture) zones when an approved residential specific plan exists, and when said specific plan is identified under the Butte County General Plan, or in AG (Agriculture) zones located inside a city's approved sphere of influence that are classified as grazing or other lands as defined by the State Farmland Mapping and Monitoring Program and having a combined parcel size greater than twenty (20) acres and subject to all additional requirements, such as the 300-foot agricultural buffer, flood zones, and airport land use compatibility zones shall be allowed for the transitory period. Temporary recreational vehicle parks that are served with water, sewage disposal, and electricity hook-ups may continue until June 30, 2025. Temporary recreational vehicle parks are subject to a temporary administrative permit and subject to the applicable requirements set forth under Section 54-57, Standards, as well as the following standards:

A. Minimum Parcel Size. Except for AG (Agriculture) zoned parcels which shall be a minimum total of twenty (20) acres, the minimum parcel size for eligibility to locate a temporary recreational vehicle park is two (2) acres.

B. All areas occupied by recreational vehicles and access aisles, driveways, and roads shall have an all-weather surface capable of supporting a forty thousand (40,000) lb. load that will allow for ingress and egress of fire apparatus to within one hundred fifty (150) feet of all units and a vertical clearance of no less than fifteen (15) feet.

C. Driveways and aisles shall have a minimum width of twenty-five (25) feet.

D. A county encroachment permit must be obtained for all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards.

E. The temporary administrative permit may be subject to additional requirements from Butte County Fire, Butte County Public Works, the State Department of Housing and Community Development, and the State Regional Water Quality Control Board.

F. The following additional standards apply to temporary recreational vehicle parks in the FR (Foothill Residential) and RR (Rural Residential) zones.

a. Parcels shall be a minimum five (5) acres in size.

b. No more than two (2) recreational vehicles shall be allowed per acre.

c. There shall be a 25-foot setback from all property lines for all recreational vehicles and related improvements.

d. Quiet hours shall be maintained from 10:00 p.m. to 7:00 a.m., during which generators shall not be operated and noise levels shall conform to Butte County Code Chapter 41A, Noise Control.

e. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way in accordance with the Butte County Zoning Ordinance, Article 14, Outdoor Lighting.

f. One (1) on-site parking space shall be provided per recreational vehicle.

G. Each temporary administrative permit application for a temporary recreational vehicle park shall be accompanied by a detailed plan for the restoration or reclamation of the subject property to the satisfaction of the Director. At minimum, a plan for restoration or reclamation shall include clearance of the site of all recreational vehicles and related structures and removal of all-weather surfaces and utilities constructed for said park unless there is a separate application under the Zoning Ordinance to permit the improvements.

Lands upon which temporary recreational vehicle parks in AG (Agriculture) zones are located shall be restored to their prior agricultural use or other agricultural use as approved by the Director prior to the expiration of this ordinance. A performance guarantee as provided by Section 24-245 of Butte County Code in the amount of one thousand dollars ($1,000.00) per acre of land disturbed by the temporary recreational vehicle park shall be paid prior to site disturbance activities to ensure that site restoration and reclamation is completed to the satisfaction of the Director. Lands shall be reclaimed to the satisfaction of the Director prior to release of the performance guarantee.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4195, § 6, 1-12-21; Ord. No. 4231, § 14, 10-10-23)

Editor's note— Ord. No. 4231, §§ 13, 14, adopted October 10, 2023, repealed § 54-58 and renumbered §§ 54-59 and 54-60 as §§ 54-58 and 54-59. Former § 54-58 pertained to FEMA temporary housing sites and derived from Ord. No. 4188, § 3, adopted September 29, 2020.

Reconstruction of a legal nonconforming structure that has been destroyed or damaged shall begin within two-years after the fire debris removal is signed-off as complete by the Public Health Department's Environmental Health Division and shall be completed within three-years after issuance of the building permit. Any reconstruction is subject to all applicable permit requirements and current building standards.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 15, 10-10-23)

Editor's note— See editor's note, § 54-58.

For the effective period of this article, accessory residential structures on any property that permits a residential use and that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division, which also meets Residential Group occupancies as established by the California Residential Code adopted by Butte County, may be used as interim housing for displaced persons. During this period, said use shall not be subject to the provisions of existing deed restrictions required by Butte County, but shall remain subject to all other existing regulations and limitations.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 17, 10-10-23)

Editor's note— Ord. No. 4231, § 16, adopted October 10, 2023, repealed § 54-61 and renumbered §§ 54-62—54-66 as §§ 54-60—54-64. Former § 54-61 pertained to reconstruction of single family dwellings and derived from Ord. No. 4188, § 3, adopted September 29 2020.

Notwithstanding any contrary provision in the Butte County Code or any use permit conditions, use of existing promotional or marketing accommodations, farmstays, bed and breakfast inns, resorts, retreats, camps or other similar visitor serving uses shall be allowed on any property that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division as interim housing for displaced persons.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 18, 10-10-23)

Editor's note— See editor's note, § 54-60.

Notwithstanding any contrary provision in the Butte County Code, any existing small or large child day care facility or child care center, elementary school, junior high school, high school or institution of higher education that was housed in premises made uninhabitable by the North Complex Fire may be temporarily relocated to existing buildings on any property that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division in the LI (Limited Industrial), PD (Planned Development), PB (Public), GC (General Commercial), NC (Neighborhood Commercial), CC (Community Commercial), REC (Recreation Commercial), and MU (Mixed-Use) zones, or to any site within an existing religious facility on any property that does not contain fire debris and hazardous materials or has been certified clean by the Department of Public Health, Environmental Health Division, subject to a temporary administrative permit and any existing applicable standards, and subject to a building permit if any renovations are required. Nothing in this article waives or affects any State law requirements applicable to such facilities.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 19, 10-10-23)

Editor's note— See editor's note, § 54-60.

Every temporary dwelling allowed by this article shall be disconnected from water, sewage disposal, and/or electricity hook-ups and removed from the property on which it is located no later than the expiration date of this article or within thirty (30) days of a final inspection or the issuance of a certificate of occupancy for a replacement dwelling, whichever is earliest.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 20, 10-10-23)

Editor's note— See editor's note, § 54-60.

The following statement shall be supplied to all individuals applying for a building permit within the North Complex Fire area: "Due to the large number of structures destroyed in the North Complex Fire area, it is anticipated that there will be a large number of applications for building permits in the North Complex Fire area after fire debris and hazardous materials have been cleaned up. Building permits in the North Complex Fire area will not be issued until after a property has been cleared of fire debris and hazardous materials. The Butte County Health Officer has identified health hazards in the fire debris and hazardous materials in the North Complex Fire area. Even if a property has been cleared of fire debris and hazardous materials or never had any fire debris and hazardous materials, it does not mean that there are no other health hazards or dangers on the property, including dangers resulting from fire-damaged or hazard trees. Property owners and residents must do their own investigation to determine whether there are any other health hazards or dangers on the property. The issuance of a building permit for the property does not accomplish this task. A building permit is a ministerial action requiring only limited review by the County to ensure that the structure meets all applicable building standards. In most zones, an individual is allowed by right to construct a residence after receiving a building permit which only requires conformity to building standards. The building permit is issued based on information supplied by the applicant without independent investigation by the County of the property or potential health hazards or dangers. Given the limited scope of enforcement, it is not possible for the County to identify potential health hazards or dangers which are not directly associated with the permitted structure. The applicant is in a position to inspect the property, identify potential health hazards or dangers, and tailor the application to avoid any potential health hazards or dangers.

(Ord. No. 4188, § 3, 9-29-20; Ord. No. 4231, § 21, 10-10-23)

Editor's note— See editor's note, § 54-60.

A. Notwithstanding any contrary provision in the Butte County Code and for the purposes of this article, the definition of the term "Rural" (as currently defined in Butte County Code section 26-63) will include legal parcels in the North Complex Fire area which are (1) less than one (1) acre in size and (2) in the Very Low Density Residential (VLDR), Low Density Residential (LDR) or Medium Density Residential (MDR) zones. The owner(s) of such parcels are permitted to utilize Article VI of Chapter 26 of the Butte County Code, "Regulations for Limited Density Owner-Built Rural Dwellings" for rebuilding structures that were destroyed in the North Complex Fire disaster. Such legal parcels are depicted on Exhibit B attached to Ord. No. 4195, adopted January, 12, 2021.

B. Notwithstanding the foregoing, generators are not permitted as the primary source of power for structures in the Very Low Density Residential (VLDR), Low Density Residential (LDR) or Medium Density Residential (MDR) zones.

(Ord. No. 4195, § 8, 1-12-21; Ord. No. 4231, § 23, 10-10-23)

Editor's note— Ord. No. 4231, § 22, adopted October 10, 2023, repealed § 54-67 and renumbered § 54-68 as § 54-65. Former § 54-67 pertained to temporary truck and equipment staging and laydown yards and derived from Ord. No. 4195, § 7, adopted January 12, 2021.